How do I take over management of and make decisions about my incapacitated parent's financial affairs and his/her welfare?

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Answer

Sometimes people lose capacity to make decisions about their welfare or managing their property and need others to make these decisions for them. Unless Enduring Powers of Attorney have been made while the person requiring assistance (the subject person) has capacity an application under the Protection of Personal Property Rights Act to the Family Court will be necessary.

You will likely need help with the application, help with understanding what your ongoing commitments will be and how the process works. The Court requires specific information to be provided to it before it will consider an application. This will need to be presented in an affidavit and medical evidence as to the subject person's incapacity will be required.

The Court will appoint a lawyer to represent the interests of the subject person and the person appointed by the Court to act as welfare guardian and/or property manager will have ongoing reporting obligations to the Court.

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